Patna High Court
Kundan KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
Bail was granted to the petitioner.
Summary
The petitioner, Kundan Kumar, was arrested in connection with the recovery of 105 litres of country‑made liquor near Shiv Nagar Mandir, alleged to be an offence under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he had no possession of the liquor, was falsely implicated, had no prior criminal record and had been in judicial custody since 23 January 2026. The State opposed his bail, arguing the seriousness of the offence. After hearing both sides, the Court considered the facts, the petitioner’s lack of antecedents and the circumstances of his alleged involvement. The Court ordered that the petitioner be released on bail upon furnishing a bond of Rs 10,000 with two sureties of the same amount, subject to the satisfaction of the Special Judge, Excise‑II, Jehanabad.
Issues considered
- Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act considering the facts and the petitioner’s claim of innocence.
Subjects
- bail
- excise
- prohibition
- illegal liquor
- Section 30(a)
- Bihar Prohibition and Excise Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17824 of 2026
Arising Out of PS. Case No.-27 Year-2026 Thana- Excise Arwal District- Jehanabad
======================================================
Kundan Kumar S/O Kishor Kumar @ Kishore Paswan R/O Vill.-
Madhushrava Chauki, P.S- Mehandia, Dist- Arwal
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kamlesh Kumar, Advocate
For the Opposite Party/s : Mr. Md. Iftekhar Mahmood, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 24-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Arwal Excise P.S. Case No. 27 of 2026 registered for the
offence punishable under Section 30(a) of the Bihar Prohibition
and Excise Act.
3. The case of the prosecution, in short, is that near
Shiv Nagar Mandir and the road, altogether 105 liters of
country-made liquor were recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. He also submits that as the petitioner was standing near
Shiv Nagar Mandir, he has been implicated in this case. Nothing
Patna High Court CR. MISC. No.17824 of 2026(2) dt.24-03-2026
2/2
has been recovered from the possession of this petitioner. He
further submits that a statement has been made in para 3 of the
petition that petitioner has no criminal antecedent and he is
languishing in judicial custody since 23.01.2026.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned Special
Judge, Excise-II, Jehanabad/ concerned court in connection with
Arwal Excise P.S. Case No. 27 of 2026.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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